*** NOT FOR PUBLICATION ***



NO. 27595



IN THE SUPREME COURT OF THE STATE OF HAWAII



UNITY HOUSE, INCORPORATED, Plaintiff-Appellee



vs.



HEAVENLY ROAD PRODUCTIONS, INC. and MICHAEL LUCAS,

Defendants-Appellants



APPEAL FROM THE FIRST CIRCUIT COURT

(CIV. NO. 98-5043)



ORDER DISMISSING APPEAL

(By: Nakayama, J., for the court (1))



Upon review of the record, it appears that the orders entered by the circuit court on July 8, 2005 and November 7, 2005 did not finally end the proceeding in Civil No. 98-5043 and are not appealable final orders under HRS § 641-1(a). See Familian Northwest v. Central Pacific Boiler & Piping, Ltd., 68 Haw. 368, 370, 714 P.2d 936, 937 (1986)("'Final order' means an order ending the proceedings, leaving nothing further to be accomplished. Consequently, an order is not final if the rights of a party involved remain undetermined or if the matter is retained for further action."). Thus, this appeal is premature and we lack jurisdiction. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai`i, February 27, 2006.



1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.